The recent suspension of Dana Air has once again brought into question the autonomy of the Nigeria Civil Aviation Authority (NCAA) following a directive from the Ministry of Aviation, highlighting concerns about aviation autonomy in Nigeria.
Ministry’s Directive: A Blow to NCAA Autonomy
The Ministry’s permanent secretary, Dr. Emmanuel Meribole, directed the NCAA to suspend Dana Air and conduct an audit. Following this directive, the NCAA issued a suspension notice to Dana Air, sparking criticism of its regulatory independence.
The directive came immediately after the CAA’s announcement and preempted the Nigeria Safety Investigation Bureau’s preliminary report within 30 days. Meaning the Minister took decisions without having all the facts on ground or seeing the investigation process through.
Many stakeholders argue against ministerial interference in NCAA’s regulatory functions, citing past instances of similar interventions. In the minister’s defense, if anything goes wrong in the sector the buck falls on his table. However, that is hardly reason enough not to follow processes.
In a televised interview, Minister Keyamo defended his actions, claiming they were in the best interest of Nigeria. He further accused the NCAA of corruption, damaging the industry’s integrity.
Keyamo’s statements contradict his September 1, 2023, pledge not to interfere in the NCAA’s safety matters, referencing the new NCAA Act of 2022.
“You know too that with the new NCAA Act passed in 2022, there should be less interference, political interference in safety matters. So don’t expect me to interfere in safety, that is completely NCAA, and they are totally responsible and answerable to ICAO.
“So, I am not going to interfere with safety. One of my cardinal programs will be to ensure that the NCAA enforces their rules and regulations to the hilt, that is my duty and I back off, but I will not interfere in matters of regulations”, he said.
This tarries with Civil Aviation Act section 4(3) legislation which states: “The Authority shall be independent in the discharge of its duties and functions under this Act and for that purpose shall not, except as provided under this Act, take directives from any person or authority.
According to the Civil Aviation Act Part XV under specific emergency conditions, such as wartime or outbreaks, the Minister has powers to make regulatory orders.
Notably, during the COVID-19 pandemic, the Minister assumed control of civil aviation operations, highlighting instances when ministerial powers are permissible.
Challenges to Aviation Oversight Integrity
The Ministry’s directive also raises concerns about Nigeria’s Category One status with the FAA, obtained in August 2010.This status requires compliance with stringent safety standards and effective regulatory oversight by the NCAA.
Countries must meet specific safety standards to achieve and maintain Category One status in aviation. These standards involve an Effective Regulatory Framework and Safety Oversight Capability.
A country requires a robust civil aviation authority to effectively regulate safety standards and ensure aviation autonomy in Nigeria.
The country’s aviation authority must enforce safety regulations for airlines and airports within its jurisdiction. However, with Keyamo’s declarations, experts fear a European Union Aviation Safety Agency (EASA) ban which may do damage to Nigerian airlines flying the flag.
In 2015, the FAA downgraded Ghana from Category One to Category Two status. Concerns arose about Ghana’s civil aviation authority’s oversight capabilities. There were doubts about meeting international safety standards and addressing safety concerns effectively.
Ghana’s safety inspection and airline oversight deficiencies were identified. This prevented new US services, with existing flights facing heightened scrutiny until resolved.
In 2020, following an investigation prompted by the Karachi plane crash, which killed 97 people, Pakistan’s Aviation Minister Ghulam Sarwar Khan revealed that 262 pilots held “dubious” licences. This disclosure had profound implications, prompting responses from international aviation authorities and airlines. Countries like the European Union Aviation Safety Agency (EASA) suspended Pakistani airlines’ authorizations.
The scandal revealed regulatory deficiencies in Pakistan’s Civil Aviation Authority (CAAP), prompting reforms to enhance oversight and comply with international standards.
Pakistan’s response was closely monitored by the international aviation community. The country needed substantial improvements in aviation safety standards to regain trust and certification from global regulatory bodies.
Runway incidents in Nigeria
Dana Air’s flight 9j0352, with Reg 5N-BKI, experienced a runway excursion at Murtala Muhammed Airport, sparking a significant incident.
Valuejet’s CRJ 900 Bombardier, registered as 5N-BXR, encountered a runway excursion at Port Harcourt Airport on November 4, 2023.
United Nigeria’s Embraer 145, registered as 5N-BWW, skidded off the runway at Lagos MMA on May 13, 2023. Similarly, on September 8 of that year, another 145, registered as 5N-BWY, experienced a runway excursion.
Aerocontractors Boeing 733 (5N-BYQ) had a serious incident at Nnamdi Azikiwe International Airport, Abuja, on November 12, 2023. Privately owned aircraft, Flint Aero and Mattini Airline Services Ltd’s N580KR Challenger 601-3R, skidded off Ibadan Airport’s runway.
The airlines were not suspended solely due to the runway incidents. Flint Aero and Mattini Airline Services, however, were because they violated their license by flouting Private Non-Commercial Flight rules.
Flint Aero and Mattini Airline Services used their private aircraft for hire and reward in violation of regulations, resulting in their suspension.
In summary, the suspension of Dana Air highlights broader issues surrounding aviation autonomy in Nigeria. Ministerial directives and industry challenges affect Nigeria’s aviation status internationally by balancing regulatory oversight and governmental intervention.
From what I read and what common sense tells me…A Runway incident is different from a gear issue which is technical and has to to with the plane. So for safety and audit of the fleet should take place. Or maybe till one of their planes drops and kills somebody?
I’m not an expert but I don’t understand what the issue is
Please do not play on people’s intelligence, those other incidents had their own safety Factor, ValuJet the pilots disagreed one said something, and the co-pilot did something else. is that not a safety incident? Do try to understand every incident or accident comes with peculiar causes, plus the NSIB has not had 30 days to present a preliminary report. Stop playing on sentiments and emotional blackmail, before engaging in this conversation ill-armed, go and read the NSIB preliminary reports on the other runway incidents mentioned.